Help Have to file Chp.13 to protect house

[Anonymous]

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@Shooting-For-800 wrote:

OP - 

Not sure if you know or not but BKs (including 13) are dated from the FILE date not the discharge date.

So, when you finish your 13 you are either 3 or 4 or 5 years after your BK date for optaining new credit.

GL!

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Thanks I did not know that. I thought I would have to wait ten years before even trying~

I am not on our primary mortgage.  The only reason I have to file is my name is on the orginal paperwork the Mr. Cook has on us. 

Maybe I can see if my name could be negoiated to come off that. I don't know.  That probably wouldn't work.

[Anonymous]

Hi Mama47,

If this makes you feel any better...My wife and I had to file Chapter 13 back in 2015...We have found that the process was not nearly as bad as we expercted..We actually we’re able to breathe for once in our financial situation. I noticed you mentioned that you are a cash shopper...You already have the skills to survive BK, my wife and I had to learn to do the very thing and it taught us a very valuable lesson.

I will also tell you that since the confirmation of our payment plan, we have been able to obtain permission for just about everything we have needed to do with financial transactions, including approval for $1500 for credit emergencies, we were able to finance a vehicle last year due to my wife’s car engine blowing up.  We have even seen our scores slowly recovering to where our scores are approaching the 600 plus mark....So my advice, run not walk to file Chapter 13 and get back to living your life. 

Good luck to you...Keep us posted on your situation.

[Anonymous]

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@Anonymous wrote:

Hi Mama47,

If this makes you feel any better...My wife and I had to file Chapter 13 back in 2015...We have found that the process was not nearly as bad as we expercted..We actually we’re able to breathe for once in our financial situation. I noticed you mentioned that you are a cash shopper...You already have the skills to survive BK, my wife and I had to learn to do the very thing and it taught us a very valuable lesson.

I will also tell you that since the confirmation of our payment plan, we have been able to obtain permission for just about everything we have needed to do with financial transactions, including approval for $1500 for credit emergencies, we were able to finance a vehicle last year due to my wife’s car engine blowing up.  We have even seen our scores slowly recovering to where our scores are approaching the 600 plus mark....So my advice, run not walk to file Chapter 13 and get back to living your life. 

Good luck to you...Keep us posted on your situation.

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Thank you so much!  It is encouraging. 

? Just a quick question, approval for 1500 credit emergencies?  so does that mean they let you have a savings plan?  As long as we can afford the payment and have some kind of savings for emergencies I think it will work out pretty well. 

Taking the classes tonight, filling out the intake form tomorrow when my husband is home to do together.  Then will take everything to the Attorney Monday or Tuesday when they have an opening.

Yall have helped me so much!

[Anonymous]

Depending on your jurisdiction or state, most bankruptcy courts allow for a small amount of credit to be obtained in case of emergencies...In WV, our trustee and court allow us up to $1500 allowed to be obtained through credit without having to obtain permission.  However if your jurisdiction and trustee are fair, anytime you run into an issue that costs more, then your attorney can file a motion to incur debt... As long as the debt does not affect the planned payment amount, usually the trustee and judge will approve if it is for a reason that would affect your ability to keep a job, such as your car blowing up and having to obtain another during your 5 year repayment timeframe. 

[Anonymous]

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@Anonymous wrote:

Depending on your jurisdiction or state, most bankruptcy courts allow for a small amount of credit to be obtained in case of emergencies...In WV, our trustee and court allow us up to $1500 allowed to be obtained through credit without having to obtain permission.  However if your jurisdiction and trustee are fair, anytime you run into an issue that costs more, then your attorney can file a motion to incur debt... As long as the debt does not affect the planned payment amount, usually the trustee and judge will approve if it is for a reason that would affect your ability to keep a job, such as your car blowing up and having to obtain another during your 5 year repayment timeframe. 

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Thanks!

Btw we are neighbors... KY here

[Shooting-For-800]

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@Anonymous wrote:

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@Shooting-For-800 wrote:

OP - 

Not sure if you know or not but BKs (including 13) are dated from the FILE date not the discharge date.

So, when you finish your 13 you are either 3 or 4 or 5 years after your BK date for optaining new credit.

GL!

---

Thanks I did not know that. I thought I would have to wait ten years before even trying~

I am not on our primary mortgage.  The only reason I have to file is my name is on the orginal paperwork the Mr. Cook has on us. 

Maybe I can see if my name could be negoiated to come off that. I don't know.  That probably wouldn't work.

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You can rebuild as soon as you are discharged.

Chapter 13 only stays on credit report for 7 years.

Chapter 7 is 10 years.

[Anonymous]

@Shooting-For-800 

Guess what happened today???

I had to find the orginal loan  documents for the attorney to look at.

I couldn't find them so we asked our mortgage company to send them to us.

They did and there is so much fraud in it!

How anyone let this happen I do not know~

He says we owed 73,000 to a bank and filled out an application to "refinance" this house in 3/01!   How could we own this house in 3/01 when there is no loan from that bank AND his dad clearly has the deed from Jan. 01 until May 01 when it was signed over to us!

There is no information in there about this 18,500!  There is no account number associated with this so called loan!  There is nothing of truth to this at all!  I found the deed to Jack Cook in Jan. 2001 and the loan he took out with this same bank for 56k.  Never does it have our names on it except this loan application!   The title company went out of business five months after we were there to sign these papers!

WE don't have all these papers in the house. The only papers we remember signing was the loan with CIT and that stupid paper he put in front of us!

SO HE scammed us from the get go and before!

PLEASE HELP!

We have a lawyer coming Monday morning to our house.  He called us minutes before we were going to file bankruptcy! HE said for now he is helping us for free.

Isn't there anything we can do to proove this guy is a predator and scammer and not owe him a thing?

Also him and his dad have over 300 deeds in their name from 1999 until now.  They are doing this all over the city!

I feel hopeful but also mad and scared. 

Can't we just keep the house?  How much will this cost us? I don't know anything again!

[Anonymous]

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@Shooting-For-800 

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Guess what happened today?

We have another lawyer coming monday.   He litterally called us just as I was filling out the Bankruptcy paper work!

He asked for us to get all the orginal paper work.  We couldn't find it.  We were able to ask for it from our mortgage company.

They sent us everything they had.

This guy filled out our "loan application" without our knowledge.  It stated we owned our apartment, not even the correct address. It also stated we were trying refinance our mortgage on this house on 3/01 when we didn't own it!  It said we had loans we owed to a bank that we did not have totalling 73K!   There is also proof his dad had the deed to this house in Jan. 01 and deeded to us on May 01.  There is also proof that his dad had a mortgage on this house starting in Jan. 01

I also now know the title company he used, went out of business Nov. 01 and the "mortgage broker" he used is permantly closed.

No one asked us for this application information yet somehow it has my husband's name on it????

He must have fraudantly signed his name or told him here sign this paper.

There is so much fraud by so many people in this.

WE hope this lawyer will be able to help us.

Before we found this out, he asked us a question no one has asked us yet.  Did this man give you 18,500 for the down payment and you paid a bank?  We said absolutely not.   He said A. he has no standing then.  He then asked what the purchase price on the deed to the house says.  We said 61k.  He said then that is fraud if he did not include his 18,500 in the price of the house.  He said that is illegal.

This is the first one that listened and asked questions that show this in it's true light.

If he can't help us in time then we will still have to file bankruptcy.  Monday it will be about 10 days left.  Hoping he can see through all this and help us!

[Anonymous]

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@despritfreya wrote:

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@Shooting-For-800 wrote: I find it insane to file Chapter 13 if this is your only debt. Why can't you file Chapter 7?  Is your home exempt in your state? You can stop forclosure dead in its tracks by filing the day before the auction day.

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Filing a Chapter 7 will not, I repeat, will not, fix the problem.  It will only delay the loss of the home by about 45 days if the lender is on the ball and quickly files a Motion to Lift the Stay. 

Filing the Chapter 13 the day before the auction day is always possible but certainly not recommended.  I hate it when potential clients wait to the very last second.  Many times I will decline the representation as, if, for some reason, something happens and I can't get the case filed the day before a foreclosure, I will be contacting my malpractice carrier as I would have just bought a house.

Des.

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Check out my last post and tell me what you think!

He frauded us, the bank, he filled out loan application with fraulant info on it and somehow signed my husband's name.  He said we are refinancing in 03/01 when we didn't own the house until 05/01.  I have proof of all of it and who actually owned the house as of Jan. 01 until he sold it to us in May 01.

[despritfreya]

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@Anonymous wrote:

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@despritfreya wrote:

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Check out my last post and tell me what you think!

He frauded us, the bank, he filled out loan application with fraulant info on it and somehow signed my husband's name.  He said we are refinancing in 03/01 when we didn't own the house until 05/01.  I have proof of all of it and who actually owned the house as of Jan. 01 until he sold it to us in May 01.

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Can't really comment without seeing all of the documentation.  Many people purchase homes without paying off the seller's mortgage.  The buyer either officially assumes the existing mortgage or unofficially assumes by simply making sure payments remain current.  The problem you face is that all of this happened 18 years ago.  Proving you were the victims of fraud is going to be tough and, for all I know, your claim is not actionable due to some statute of limitations. 

Your best bet is to sit down with a qualified attorney to review all of the documentation and the events that transpired.  In the context of a Chapter 13 you can object to the Proof of Claim the lienholder files or, file a Complaint to  determine the validity and extent of the lien.  Either should begin the process of getting to the bottom of the problem. 

Des.